BREAKING NEWS: Massachusetts Attorney General Sues Wilmington & 8 Other Communities For Noncompliance With MBTA Communities Law

Below is a press release from the Massachusetts Attorney General’s Office:

**EDITOR’S NOTE: Town Manager Eric Slagle just discussed Wilmington’s non-compliance with the MBTA Communities Act at Tuesday night’s Select Board Meeting, noting the town has already lost hundreds of thousands of dollars in state grant money.**

BOSTON, MA — Massachusetts Attorney General Andrea Joy Campbell today filed a lawsuit against the towns of Dracut, East Bridgewater, Halifax, Holden, Marblehead, Middleton, Tewksbury, Wilmington, and Winthrop for their continued noncompliance with the MBTA Communities Law, which was signed into law by Governor Charlie Baker in January 2021 to address the Commonwealth’s critical housing shortage. The lawsuit seeks to ensure that the towns comply with the law, which mandates that each community served by the MBTA adopts a zoning district in which multi-family housing is permitted as of right.

“Massachusetts has a housing crisis, and our Commonwealth is unaffordable. The vast majority of MBTA Communities deeply understand that developing more multi-family housing will improve our ability to attract businesses, retain our families and residents, and ensure that Massachusetts remains the greatest state in the country to live, start a family, and work,” said AG Campbell. “While bringing a lawsuit is never my first choice, courts have consistently ruled that compliance with this law is mandatory, and the urgency of our housing shortage compels me to act to ensure that all MBTA Communities meet their legal responsibilities. My office remains ready to assist any town working to come into compliance with the law.”

To date, 165 out of 177 MBTA Communities have come into compliance. Recent data shows that the law has already sparked projects to create nearly 7,000 more homes across 34 communities. Each of the nine communities named in the lawsuit were required to have compliant zoning districts by July 14, 2025 but failed to do so, despite an decision from the Massachusetts Supreme Judicial Court in Attorney General v. Milton that reaffirmed the constitutionality of the MBTA Communities Law and made clear that towns’ compliance is mandatory. In July 2025, AG Campbell issued an advisory to communities that had not yet come into compliance with the law, indicating that her office was prepared to bring enforcement action against noncompliant communities in January 2026, marking five years since the law was signed.

In the complaint, AG Campbell seeks a court order declaring that each community must create a zoning district that complies with section 3A and submit a district compliance application to the Executive Office of Housing and Livable Communities (EOHLC). The MBTA Communities Law was passed with overwhelming bipartisan support as a tool to address the Commonwealth’s housing affordability crisis by requiring municipalities within the MBTA’s service area to have at least one zoning district of reasonable size in which multi-family housing is permitted as of right. The law gives cities and towns considerable discretion over the location and size of the new zoning district.

The Attorney General’s Office and EOHLC remain available to offer guidance and technical support to all communities as they move towards full compliance with the statute and regulations.